Legal-Terms and Conditions

Terms & Conditions

Updated on 21 March 2022

Information

Eberene Enterprise with brand name “VELISFOOD”, incorporated in Malaysia, (hereafter referred to as “EBERENE“, “we“, “us“, or “our“) sell products (hereafter refer to as “goods”, “item” , “services”) online which is accessible through https://velisfood.com (hereafter referred to as “WEBSITE”, “SITES”, “SERVICES”). You agree to comply with and be legally bound by the these Terms and Conditions (“Terms“), when you visited our website, become a registered user, participated in any of our program or purchase product or services listed on our website.

Product

Product listed on our website is mainly for illustration purposes only and may vary from the actual product particularly in the packaging, appearance, colour, measurement and design due to the environment where the photo or video is taken, lighting conditions, or view from different computer screens and other technology devices.
While we try to provide an accurate description of the products, we do not warrant that the descriptions, colours, information, pricing, promotions or other content available on the Sites is accurate, current or free from error. VELISFOOD may correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice, including after you have submitted your order.

Account

You are required to become a registered user to make purchases.
You will not create, or attempt to create an account under any name except your own; or use your account to carry out transactions on behalf of a third party.
By creating an account with us you accept and agree that we may, without further notice and in our sole discretion, terminate, suspend or restrict the account of any user who uses, or who we reasonably suspect may be using the account in a manner that is inconsistent with the letter or spirit of these Terms.
You are required to manage your account and practise reasonable security to prevent anyone to have access to your account.
Your account may contain information about yourself, and you are responsible to ensure the information you provided is accurate and correct.

Electronic Communication

You agree that any communications, agreements, notices and/or any other documents (together “Communications”) relating to your account, order or your use of our website or services will be provided to you electronically by posting them on the website, emailing them to the email address you have provided to us, or through any other form of electronic communication. You consent to receiving all Communications electronically.
You will at all times have available to you the necessary hardware and software to receive, access and retain Communications sent to you electronically, including a device with an internet connection and a valid and accessible email address;
You assume full responsibility for providing us with a valid and accessible email address to which any Communications may be sent, and for ensuring that email address and any other contact information is kept up to date. Any Communication sent to the email address you have provided to us will be deemed to have been received by you.
You may at any time withdraw your consent to receiving Communications electronically by contacting us through the contact us page. You acknowledge that failure to give, or withdrawing, consent to receiving Communications electronically puts the security of your account at risk and that we reserve the right to close your account in the event you fail to give, or withdraw, your consent to the receipt of Communications electronically.

Modification

We reserve the right, at its sole discretion, to modify the website, Application or Services or to modify these Terms, including the price and fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the website. By continuing to access or use the website, Application or Services after we have posted a modification on the Site or via the Application, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the website, Application and Services.

Orders

Once order is placed, no changes is allowed.
We reserve the rights to reject or cancel any order we receive. In the event the rejection or cancellation is coming from our end, we shall refund the money to you based on the amount of the order.
By submitting the order to Velisfood.com, you agree to the listed price including the delivery fees.

Prices

All prices listed on our website are based in Malaysia Ringgit.
You may have the option to see the prices in different currencies, but that serves as an estimation and not the actual value that you will be charged.
In the event you place an order and your based currency is not Malaysia Ringgit, you will see a conversion value for Malaysia Ringgit against your based currency set by your bank. Please note that we do not control the currency rate and have no control over this.
All price listed on the website are subject to change without prior notice.

Rewards Points

Purchases may be rewarded with Reward Points where the Reward Points have a monetary value and can be used to offset certain value in the next purchase, depending on the available Reward Points in your account.
Reward Point cannot be use to exchange with cash and not transferable. Rewards Points can only be use within Velisfood.com.
The earning of points is based on each One (1) Ringgit Malaysia equivalent to one (1) point, where the total point earned will be round down accordingly based on the final purchase value, excluding any coupon or any type of discount.
Not all item is entitled for Reward Point earning and is strictly at the discretion of Velisfood.com.
The redemption of One (1) Ringgit Malaysia is equivalent to one hundred points (100).
You are required to manually select the points for redemption to offset the purchase value.
In the event of redemption, the redeemed value will not be entitled for points earning in the purchase as this is considered as one type of discount.
You are given an option to convert the points into a e-coupon, and you may use this e-coupon in your next purchase or send to another person to use the e-coupon. In the event you are sending this e-coupon to another person, they must first register an account with Velisfood.com before they can use the e-coupon.
E-Coupon conversion from points is only available when Velisfood.com enable the option for its customer to do so, and may not be available all the time.
In the event the Order is Cancelled or Refunded, the point shall be deducted from your account accordingly.
The Reward Point has an expiry of twelve (12) months.
The points earning and redemption value, along with the availability of Rewards Points are subject to changes without prior notice.
Any order cancellation or refund shall also deduct the Reward Point from your account accordingly.
Velisfood.com reserves the rights to make changes to your points at any time such as reducing or increasing your points without prior notice. In most cases such event will be make known to you, however, in the event where Velisfood.com believe there is a system error, such changes to your points (if any) will be made without prior notice.

Payment

We accept credit card only.
We use third party payment processors such as Stripe (www.stripe.com) to process your credit card payment. Third party payment gateway will have a set of Terms and Conditions where you are required to agree to if you choose to use the services.
We reserve the rights to use or change any payment processor we find appropriate at any time without notice.

Delivery

We only deliver to certain country and this list may change without notice.
Combine of order is not allowed. Delivery will be made based on each order accordingly.
We shall prepare the order for delivery every Wednesday for last week’s order and will arrange for pick up with our third-party delivery service within the same week at our best effort.
Your item may at estimated to take between 3-7 working days to reach you and is depending on the delivery services.
The transit time for the delivery to reach you varies and it may be earlier or later than the estimation delivery time frame.
In the event where the delivery service loses your item during the transit, we shall not be liable for the losses and therefore no refund or any kind of reimbursement shall be made. Any claim will have to be made with our third-party postal service providers and we will make reasonable effort to assist in compensation claims, if any.
You agree that delivery is only possible when the stock is available, you may proceed to ask for refund if we not able to fulfil the order after 1 month or 30 days.

Bounced Parcel

Customers will be notified via email if there is any bounced parcel.
Customers shall pay for the delivery services or any other relevant fees should the parcel required to be delivered again.
We will not attempt to make any delivery until the customer contacts us or reply to our email.
In the event there is no response from the customer within 14 days after we have sent the email notification about the bounced parcel, we have the right to refund you the money following the refund terms and condition.

Wrong Item

If you believe of receiving wrong item, please kindly contact our support team through our Contact Us section with your order number and other information you find useful.
You are required to reply our email within a reasonable time frame.
Do not send the item back to us without our confirmation.
You are required to contact us within 3 days from the date you received the item if you believe the item you receive is wrong.
We shall at our best effort to assist you to rectify the reported issue and we reserve the rights to have the final decision.
We may resend you the correct item or in the event we decided to exchange another item with you, you agree that the value of exchange shall be equivalent or not more than the item value that you pay us.
You agree that food based product are defined as a process where the product is manually process and packaged by hand and such product will NOT look or taste the same every time it is made and this include the shape, dimension and colour. This is not considered as a defect.

Voluntarily Cancellation

You are allowed to request for a voluntarily cancellation of order at any time. You must contact us through our Contact Us section and wait for our confirmation. PLEASE DO NOT SEND THE ITEM TO US WITHOUT OUR CONFIRMATION. See Refund section for this type of cancellation.
Only certain item is allowed for cancellation or return and you are required to contact us for more information. PLEASE DO NOT SEND THE ITEM TO US WITHOUT OUR CONFIRMATION.
When you are requested by us to send the item back to us, you must do so within 10 working days and this DO NOT mean you are entitled for a refund.
You shall cover any cost, in particular of delivery cost, in the event you are required to return the item back to us.
Please refer Refund section for more information.
Food based product are NOT allow for any cancellation or exchange.

Refund

There will be no cash, or bank transfer refund.
In the event the order is reject or cancel by us, we shall process the refund, including the shipping fees back to the credit card that you have used to pay for the order.
In the event we need to make a refund for an order that is not reject or cancel by us, we shall create an e-voucher for your next purchases. Please refer E-Voucher section.
In the event we need to make a refund to you due to bounced parcel, we shall only refund after we deducted the delivery fees, payment gateway fees, and other applicable fees that is reasonable. Such refund shall be made in e-voucher for your next purchase. Please refer E-Voucher section.
In the event we agree with a refund for your voluntarily cancellation request, we shall only refund after we deducted the delivery fees, payment gateway fees, 20% admin fees of the total order value, and other applicable fees that is reasonable.
In the event where we agree that the order was processed incorrectly, and you decided to make a refund, we shall process the full refund based on the amount you paid us and the refund can only be process once we receive the item from you and after all thorough inspection to ensure the item in good and original condition. We may arrange for a delivery service where the delivery service may pick up from you directly or required you to send the item to the nearest drop off point. In the event, we arrange a delivery service to pick up from you, we would require to provide your contact information to the delivery service provider to contact you.
In the event of a successful refund, and you do not have enough Reward Point for the deduction, therefore the refund total will take into consideration to add back the points value into the refund, in most cases this means you shall receive lesser amount than originally intended, based on the point value calculation. See Reward Points section.
We reserve the rights to give a partial refund or not to provide any refund and it is solely at our discretion.
All successful refunds through the cancellation process will be converted to a Credit e-Voucher where you can use the e-voucher for your next purchases to offset the value of the order.

Return

In the event you are required to return the item to us, you agree that the item must be maintain its good and original condition, and you must ensure the item is taken with good care to avoid or prevent damages.
When we request you to return the item to us, this does not guarantee a replacement, reimbursement or refund of any kind. We shall reserve the rights to make the final decision in this matter.
You are responsible for the item until the item reaches us.
The item must be returned to us within 10 working days upon receiving our confirmation.

E-Voucher

E-Voucher is a form of alphanumeric code that you can use as a form of discount value to offset your next purchase within Velisfood.com during your purchasing process.
The value within the e-voucher can only be used once and any remaining amount after the use will be voided, unless otherwise stated.
The e-Voucher is only entitled to your account and it is non-transferable in any way.
Each e-Voucher may have its own validity period and you must utilize the e-voucher before the validity period to prevent being void, unless otherwise stated.
Voided e-Voucher can no longer be use.
E-Voucher is not cash and cannot be converted or exchange as cash.

Third Party Content and Third Party Website

You may see content and information of third parties (“Third Party Content”) including links to their website or social media page (collectively, “Third Party Website”) as additional information for your references.
EBERENE do not monitor or have control over the accuracy of such content and you are fully responsible for the use of the information

Indemnification

You agree to defend, indemnify and hold harmless VELISFOOD.COM (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind, including reasonable legal fees, arising out of:

your use of product, good, item sold on our website even after following the instruction and guidelines given
your use of and access to the Sites and the Interactive Services;
your violation of any term of these Terms;
a breach of your representations and warranties set forth above regarding Content;
your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or
any claim that any Content you submitted caused damage to a third party.

Force Majeure

Transmissions over the Internet and electronic mail may be subject to interruption, blackout or delays due to internet traffic, or incorrect data transmission due to the public nature of the Internet. We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control (“Force Majeure Events”).
Force Majeure Events shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
- strike, lockout or other forms of protest;
- civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster;
- inability to use trains, ships, aircraft, motorized transport, logistics delivery or other means of transport, public or private;
- inability to use public or private telecommunications systems;
- acts, decrees, legislation, regulations or restrictions of any government or public authority; or
- failure or accident in maritime or river transport, postal transport or other type of transport.
- It shall be understood that our obligations deriving from Contracts are suspended during the period in which a Force Majeure Event remains in effect and we may require an extension of the period to fulfill these obligations.

Warranty, Liability and Disclaimers

YOU AGREE AND UNDERSTAND THAT BY PURCHASING AND USING THE PRODUCT FROM THE WEBSITE IS AT YOUR SOLE RISK. YOU AGREE AND UNDERSTAND THAT IN THE EVENT THE PRODUCT CAUSES DIRECT OR INDIRECT DAMAGES TO YOU IN ANY FORM, YOU DO NOT HOLD EBERENE OR VELISFOOD.COM LIABLE FOR ANY COMPENSATION AND RESPONSIBILITY. HOWEVER, THIS DOES NOT LIMIT YOU FROM ANY CLAIM YOU MAY HAVE AGAINST OTHER PRODUCT MANUFACTURER OR BRAND OWNER WHICH MAY DIRECTLY OR INDIRECTLY CONTRIBUTE TO THE CREATION OF SUCH PRODUCT, AND EBERENE WILL ONLY PROVIDE YOU NECESSARY INFORMATION THAT YOU MAY USE TO ASSIST THE CLAIMS THAT YOU MAY HAVE.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES, PRODUCTS AND PARTICIPATE IN ANY PROGRAM THAT IS INITIATED BY US, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY ACCOUNT OR USER, SUPPLIER, AGENT OR DISTRIBUTOR BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE WEBSITE, APPLICATION, SERVICES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF PRODUCT.
WE MAKES NO WARRANTY THAT THE WEBSITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR ANY PROGRAM THAT WE INITIATED WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCT, LISTINGS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, AND SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE WEBSITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR ACTION AND USAGE WITHIN THE WEBSITE, APPLICATION, PRODUCTS OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES.
OUR DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, AND AFFILIATES IS NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, WHETHER INCIDENTAL NATURE, PUNISHMENT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM ANY USE OF THE SITE, APPLICATION OR SERVICES BY YOU OR FOR ANY OTHER CLAIM THAT ASSOCIATED WITH THE SITE FROM YOUR USAGE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR INCOMPLETENESS IN ANY CONTENT, OR LOSS OR DAMAGE OF ANY KIND ARISING AS RESULT OF USE OF THE CONTENT OR ANY PRODUCT THAT POSTED, DISTRIBUTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES AND CLAIMS HAVE BEEN ADVISED.
WE WILL COMPLY TO FAIR BUSINESS TO PROTECT THE INFORMATION THAT YOU PROVIDED TO THE SITE, BUT YOU ALSO AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND HEREBY DISCLAIM US ANY AND ALL LIABILITY TO YOU FOR DAMAGES OR LIABILITY WHATSOEVER ASSOCIATED TO THE INFORMATION IN ANY FORM AND HOW.
WE DO NOT EXPRESS AND MAKES NO WARRANTY THAT EBERENE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO. YOU WILL BE SOLELY RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
GOVERNING LAW: These Terms of Use will be governed by and construed in accordance with the laws of Malaysia, and the courts of Malaysia will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms of Use.